This Criminal Miscellaneous petition was filed under Section 482 Cr.P.C. to quash criminal proceedings. The petitioners are accused in a Sessions case arising from a police crime report. The court accepted a settlement and the victim's affidavit stating settlemen
The proceedings in S.C.No.581 of 2015 on the file of the Sessions Court, Errnakulam are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 19TH DAY OF JUNE 2017/29TH JYAISHTA, 1939
Crl.MC.No. 2205 of 2017 ()
F.I.R. NO. 802/2015 OF MUVATTUPUZHA POLICE STATION , ERNAKULAM
PETITIONERS/ACCUSED: 1 & 2
1. ELDHOSE AGED 49 YEARS, S/O.MATHAI, PARAMBATH HOUSE, EAST VAZHAPPILLY P.O., NEREPPU, MUVATTUPUZHA-686 673.
2. BIBIN ELDHOSE
BY ADVS.SRI.SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL SMT.S.SIBHA SRI.MATHEWS RAJU
/RESPONDENT/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 682031.
2. SUB INSPECTOR OF POLICE MUVATTUPUZHA POLICE STATION, ERNAKULAM-686673.
3. SHIHAB S/O.SAITHU, AGED 36 YEARS, PALLIMATTOM HOUSE, EAST VAZHAPILLY P.O., VAZHAPILLY KARA, NEREPPU, MULAVOOR VILLAGE, MUVATTUPUZHA-686673.
R1 & R2 BY PUBLIC PROSECUTOR SRI. AMJAD ALI R3 BY ADV. SRI.O.V.ANISH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2205 of 2017 ()
APPENDIX
PETITIONER(S)' ANNEXURE
ANNEXURE A TRUE COPY OF THE FIR NO.802/2015 OF MUVATTUPUZHA POLICE STATION.
ANNEXURE B TRUE COPY OF THE FINAL REPORT NO.802/2015 OF MUVATTUPUZHA POLICE STATION.
ANNEXURE C TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 07-03-2017.
RESPONDENT(S)' ANNEXURE NIL
/TRUE COPY/
PA TO JUDGE
sdr/-
K.ABRAHAM MATHEW J.
Crl.M.C. No.2205 of 2017
------------------------------------------------------Dated this the 19th day of June, 2017
ORDER
Petition filed under Section 482 Cr.P.C.
Crl.M.C. No.2205 of 2017 2
In the result, this Crl.M.C is allowed. The proceedings in S.C.No.581 of 2015 on the file of the Sessions Court, Errnakulam are quashed. If any material objects have been produced in this case, the learned Sessions Judge may pass appropriate orders for their disposal.
K.ABRAHAM MATHEW JUDGE
pm
Crl.M.C. No.2205 of 2017 3
The name of the lower Court “Sessions Court, Ernakulam” occurring in the 2nd line of the second paragraph and the operative portion of the final order dated 19/06/2017 in Crl. M.C. No.2205/2017 is corrected and substituted as “Asst. Sessions Court, Muvattupuzha” as per order dated 21/08/2017 in Crl. M.A.No.8941/2017 in Crl. M.C.No.2205/2017.
Sd/-
REGISTRAR (JUDICIAL)
1 issue framed by the court
Whether the criminal proceedings initiated under Sections 294(b), 308, 323, 341 and 427 IPC against the petitioners can be quashed.
1 provisions across 1 enactments
Eldhose
Bibin Eldhose
State of Kerala
Shihab
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
